The Illinois Family Lawyer

Commentary on the practice of family law (and other riveting subjects) from a Chicago lawyer

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Location: Chicago, Illinois, United States

Monday, October 29, 2007

Here's an overview piece about Illinois' attempts to collect back child support.

Interesting post over at the SCOTUS blog regarding an alienation of affections case that the U.S. Supreme Court is considering taking up. Illinois is one of the only 6 states that continue to have this cause of action.

Saturday, October 27, 2007

Anybody seen Divorce Magazine? I was just skimming periodicals at the library and picked up a copy. They have a Website plus hard copy.

I had to laugh at one article, "Tips from Divorce Lawyers on How to Stay Married." Take it from me (not speaking about me personally...happily married on the first try) divorce lawyers are not good marital role models.

Wednesday, October 24, 2007

I've run into this before...

I had a hearing yesterday after the IL Dept. of Healthcare and Family Services had frozen some $12,000 of a father's because he owed back child support. He actually was attempting to appeal this "freeze." Why? Allegedly his name was simply placed on his mother's account to help her with bill paying, ect. Don't do this!! It's a long shot that he'll be successful in fighting this.

The first lesson I suppose is don't get behind in child support payments. BUT, if you do get behind (and it does happen sometimes) keep your savings where IDHFS can't find them. And surely don't share an account with another person where the money isn't even yours.

Saturday, October 20, 2007

Effective June 1, 2008, one may designate a short-term guardianship for a minor up to 365 days...an increase from the current 60 days. This can help particularly with school enrollment issues for minor children.

A good geriatric care manager for people with elderly relatives in the Chicago area:

ElderCare Solutions, Inc.

Well, one of my more interesting cases just got wrapped up. At the core of the case was support for a daughter after she turned 19. What was unique was that this girl had failed a grade in high school so she was a senior in high school during the year that she was 19. The daughter attended a private high school. The attorney for the mother brought a petition for support alleging that the girl was disabled based on the allegation that she had ADHD.

I said that's crap ADHD is not a disability that allows support pursuant to Section 513 of the Marriage and Dissolution of Marriage Act. Eventually the opposing party backed down realizing they'd have to bring in some high priced experts to testify to the daughters disability. We came to an Agreed Order regarding college expenses.

The problem for the mother in this case was that the father had not been ordered to contribute to tuition prior to the daughter turning 19. If he had, then 513 would have been appropriate and they wouldn't have had to pursue this bogus disability claim. What's the lesson, probably ask the court for the father to contribute to tuition immediately when the child begins private school.

Thursday, October 18, 2007

Saw a little nugget in Chicago Lawyer from Joseph DuCanto. The tip is to name the custodial parent as the beneficiary on the life insurance on the other parent's life. I think more often than not Marital Settlement Agreements will name the respective parent as "trustee for xyz child." Naming the parent directly allows for easier access to funds and that's the intention of the life insurance anyways. Also, perhaps add a 30/60 deadline to do this and show proof...attorneys follow-up on this. Too often these provisions aren't followed up and then tragedy strikes and the now single parent is having to fuss with probate court.

Saw this interesting piece about using social networking sites in case development. Here's a blurb regarding the family law context:

In one case, Malbrough said she helped secure shared custody for the father after finding his wife had posted sexually explicit comments on her boyfriend's MySpace page. In another case, a husband's credibility was questioned because, on his MySpace page, he said he was single and looking.

Monday, October 15, 2007

Here's short little piece from the Trib. about a newborn being found safe after an Amber Alert. Supposedly a 2-month-old was taken from the mother by the father.

This is a good reminder...I have these scenarios fairly regularly. Call the cops immediately and then likely pursue an Order of Protection in court to cutoff contact between the other parent and the child.